Deniyegedara Nandasena Aththanayakadawala, Paranagama v. S.M.Podinilame Aththanakadawala, Paranagama, Konduruwawa – CA NO.638/96-2018

In the case between S.M. Podinilame (Plaintiff-Respondent) and Deniyegedara Nandasena (Defendant-Appellant), the court addressed the issue of whether the District Court’s ex parte judgment, which was entered due to the defendant’s absence, should be set aside under Section 86(2) of the Civil Procedure Code. It was held that the Defendant-Appellant failed to establish a sufficient cause for absence at trial, and that the trial court’s factual findings regarding the adequacy of reasons for default should not be disturbed on appeal. This decision reaffirmed the principle that appellate courts will not overturn findings of primary fact by trial courts unless clear error is shown. Reliance was placed on Section 86(2) of the Civil Procedure Code and judicial precedent including David Appuhamy v.